Under the Model Rules of Professional Conduct, lawyers have a duty to screen potential Collaborative Law (CL) cases for appropriateness and obtain clients' informed consent to use CL. The duty to screen cases is based on the "reasonableness" requirement of Rule 1.2(c) and the requirement to avoid conflicts of interest that might interfere with competent and diligent representation under Rule 1.7. Both rules require lawyers to obtain clients' informed consent to participate in a CL process. Although the Uniform Collaborative Law Act is not an ethical rule, sections 14 and 15 create relevant duties, including detailed provisions requiring lawyers to make certain disclosures, provide prospective clients with information needed to make an informed choice of dispute resolution process, inquire about and discuss the appropriateness of CL, and create a presumption against using CL in cases involving a history of a coercive or violent relationship.
John M. Lande,
Before You Take a Collaborative Law Case, 33 Family Advocate 31
Available at: https://scholarship.law.missouri.edu/facpubs/945